Manual for Capital Defence Lawyers in Pakistan
  • Home
  • Effective Representation
    • Right to Effective Representation – a Fundamental Tenet of a Fair Trial
      • Right to Counsel under Pakistani Law
      • The Right to Counsel under International Law
      • The Right to be Represented by a Counsel of Choice
      • The Right to Competent and Effective Legal Aid
      • The Right to ‘Adequate Time and Facilities’ to Prepare a Defense
    • Effective Legal Representation: Best Practices
      • Building an Effective Lawyer-Client Relationship
      • Upholding your Client’s Rights
      • Preparing your Defense: Defense-Led Investigation
      • Preparing your Defense: Developing an Effective Case Theory
  • Defence-Led Investigation
    • Categorical Bars to Death Sentence and Execution
      • Juveniles cannot be sentenced to death
      • Insane persons and persons of unsound mind cannot be sentenced to death and / or executed
      • Pregnant women cannot be executed
      • Where an accused has caused death of his legal heir, he cannot be sentenced to death
      • When a complainant/legal heir of the victim is a direct descendant of an accused the accused cannot be sentenced to death
    • Mitigating factors
      • Type and gravity of the offence
      • Lesser participation
      • Lack of premeditation
      • Provocation
      • Life History Prior to Arrest
      • Partial Compromise with the victim’s family
      • Age of the offender
      • Acting under the influence of an elder
      • Physical disability
  • The Trial Stage
    • Where your client pleads guilty
    • Where your client pleads not guilty
      • Challenging the Guilty Mind
        • Failure to establish intention, guilty mind or motive of the accused
      • Challenging the Guilty Act
        • Unreliable witness testimony
        • Improper identification
        • Lack of evidence
        • Unreliable police investigation
      • Challenging the Death Sentence
        • ‘Most serious crimes’ standard
        • Presumption in favour of life over death sentences
        • Death sentences should not be imposed for drug offences
        • Tainted confessions
      • Conviction and Sentencing
  • Appellate Stage
  • Case index
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Manual

© 2021 Foundation for Fundamental Rights (FFR) and Reprieve. FFR is a non-profit organisation based in Pakistan. Reprieve is a registered charity (No. 1114900) in England and Wales.

Disclaimer: The contents of this website do not constitute legal advice and are provided for general information purposes only. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.  Users of this website should consult with a lawyer for advice on specific legal issues.

The Foundation for Fundamental Rights is an organisation of attorneys and socially active individuals working towards the advancement, protection and enforcement of fundamental human rights. We represent those who have been denied their rights to due process due to drone strikes in Waziristan, forced disappearances in the cities of Pakistan, and the excesses of the Pakistani state and foreign governments. For more information or to contact us:

https://www.facebook.com/RightsAdvocacy/
ffr.pakistan@gmail.com

+92 51 2293108

Reprieve is a non-profit that provides free legal and investigative support to some of the world’s most vulnerable people including those facing execution and human rights abuses, often at the hands of powerful governments. For more information or to contact us:

https://reprieve.org/uk/
info@reprieve.org.uk
+44 (0) 20 7553 8140

  • Home
  • Effective Representation
    • Right to Effective Representation – a Fundamental Tenet of a Fair Trial
      • Right to Counsel under Pakistani Law
      • The Right to Counsel under International Law
      • The Right to be Represented by a Counsel of Choice
      • The Right to Competent and Effective Legal Aid
      • The Right to ‘Adequate Time and Facilities’ to Prepare a Defense
    • Effective Legal Representation: Best Practices
      • Building an Effective Lawyer-Client Relationship
      • Upholding your Client’s Rights
      • Preparing your Defense: Defense-Led Investigation
      • Preparing your Defense: Developing an Effective Case Theory
  • Defence-Led Investigation
    • Categorical Bars to Death Sentence and Execution
      • Juveniles cannot be sentenced to death
      • Insane persons and persons of unsound mind cannot be sentenced to death and / or executed
      • Pregnant women cannot be executed
      • Where an accused has caused death of his legal heir, he cannot be sentenced to death
      • When a complainant/legal heir of the victim is a direct descendant of an accused the accused cannot be sentenced to death
    • Mitigating factors
      • Type and gravity of the offence
      • Lesser participation
      • Lack of premeditation
      • Provocation
      • Life History Prior to Arrest
      • Partial Compromise with the victim’s family
      • Age of the offender
      • Acting under the influence of an elder
      • Physical disability
  • The Trial Stage
    • Where your client pleads guilty
    • Where your client pleads not guilty
      • Challenging the Guilty Mind
        • Failure to establish intention, guilty mind or motive of the accused
      • Challenging the Guilty Act
        • Unreliable witness testimony
        • Improper identification
        • Lack of evidence
        • Unreliable police investigation
      • Challenging the Death Sentence
        • ‘Most serious crimes’ standard
        • Presumption in favour of life over death sentences
        • Death sentences should not be imposed for drug offences
        • Tainted confessions
      • Conviction and Sentencing
  • Appellate Stage
  • Case index